Citation Nr: 0816544
Decision Date: 05/20/08 Archive Date: 05/29/08
DOCKET NO. 07-10 131 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Portland,
Oregon
THE ISSUE
Whether new and material evidence has been presented to
reopen the claim of service connection for chronic
cytomegalovirus infection, claimed as malaise.
REPRESENTATION
Veteran represented by: Oregon Department of Veterans'
Affairs
ATTORNEY FOR THE BOARD
Debbie A. Riffe, Counsel
INTRODUCTION
The veteran, who is the appellant, served on active duty from
August 1964 to July 1967.
This matter is before the Board of Veterans' Appeals (Board)
on appeal of a rating decision in February 2006 of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Portland, Oregon.
The appeal is REMANDED to the RO via the Appeals Management
Center in Washington, DC. VA will notify the veteran if
further action is required.
REMAND
In April 2008, the veteran timely requested to appear at a
Travel Board hearing before a Veterans Law Judge at the RO.
Accordingly, the case is REMANDED for the following action:
1. Ensure content-complying VCAA notice
with Kent v. Nicholson, 20 Vet. App. 1
(2006). The notice should include the
requirement that new and material
evidence, pertaining to the reason the
claim was previously denied, is needed
to reopen the claim, and the
requirements to establish the
underlying claim of service connection.
2. Schedule the veteran for a hearing
at the RO before a Veterans Law Judge.
The veteran has the right to submit additional evidence and
argument on the matter the Board has remanded. Kutscherousky
v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board or by
the United States Court of Appeals for Veterans Claims for
additional development or other appropriate action must be
handled in an expeditious manner. 38 U.S.C.A. §§ 5109B, 7112
(West Supp. 2007).
_________________________________________________
George E. Guido Jr.
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board is appealable to the United States Court of Appeals for
Veterans Claims. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of the veteran's appeal. 38 C.F.R.
§ 20.1100(b) (2007).